EAST GRAND RAPIDS PUBLIC SCHOOLS 2915 Hall Street Grand Rapids MI

Transcription

1 EAST GRAND RAPIDS PUBLIC SCHOOLS 2915 Hall Street Grand Rapids MI Support Staff Agreement between The Board of Education of the East Grand Rapids Public Schools and Kent County Education Association July 1, 2018 through June 30, 2020

2 TABLE OF CONTENTS ARTICLE 1 EMPLOYEE & ASSOCIATION RIGHTS... 1 A. Recognition of Bargaining Unit... 1 B. Use of Board Facilities... 2 C. Negotiations Committee... 2 D. Association Activities... 2 E. Information... 3 F. Membership Fees and Payroll Deductions... 3 G. Subcontracting... 3 H. Custodial Cleaners... 4 I. Student Custodial Assistants... 4 J. Bomb Scares... 4 ARTICLE 2 BOARD RIGHTS AND RESPONSIBILITIES... 5 A. Responsibilities... 5 B. Authority... 5 C. Administrative Staff... 5 D. Emergency Situations... 5 ARTICLE 3 EMPLOYEE RIGHTS... 5 A. Discipline... 5 B. Right to Representation... 6 C. Evaluation and Employee Files... 6 ARTICLE 4 CONDITIONS OF EMPLOYMENT... 7 A. Probationary Period... 7 B. Professional Improvement... 7 C. Health... 7 D. Work Week/Work Year/Work Hours... 8 E. Lunch Periods and Rest Periods (Breaks)... 9 F. Overtime and Call in Pay... 9 ARTICLE 5 PAID LEAVES A. Paid Holidays B. Paid Vacations C. Paid Disability Leave D. Illness in Immediate Family E. Personal Business F. Death in the Immediate Family G. Absence for Jury Duty H. Worker's Compensation I. Compulsory Absence J. Other Paid Leaves ARTICLE 6 UNPAID LEAVES A. Unpaid Disability Leave B. Return from Unpaid Disability Leave... 16

3 C. Child Care Leave D. Military E. Other Unpaid Leave F. Conditions Applicable to all Leave of Absences G. FMLA ARTICLE 7 SENIORITY, LAYOFF, RECALL, VACANCIES & TRANSFERS A. Seniority B. Reduction of Work/Hours C. Notice of Layoff/Hours Reduction D. Bumping E. Job Placement of Laid Off Employees F. Employment Priority G. Recall H. Transfers and Assignments I. Permanent Vacancies ARTICLE 8 GRIEVANCE PROCEDURE A. Definition B. Purpose C. Procedure D. General Provisions ARTICLE 9 BASIC PAY, BONUSES AND LONGEVITY PAY A. Step Increase B. Previous Experience C. Longevity Pay D. Mileage E. Bonuses ARTICLE 10 SEVERE WEATHER A. Tornado Warning B. Inclement Weather Days ARTICLE 11 INSURANCE BENEFITS A. Qualifications for Benefits/Premium Contribution B. Medical Care Benefits C. Vision D. Option Group E. Dental Benefits F. Life Insurance G. Long Term Disability Benefits ARTICLE 12 CLOTHING ALLOWANCE A. Food Service B. Custodial/Cleaners/Maintenance Personnel... 29

4 ARTICLE 13 NO STRIKE CLAUSE ARTICLE 14 COLLABORATIVE PROBLEM SOLVING A. Introduction B. Limitation ARTICLE 15 RETIREMENT/RESIGNATION PROGRAM A. East Grand Rapids Retirement/Resignation Program B. 403(b) ARTICLE 16 MISCELLANEOUS PROVISIONS ARTICLE 17 DURATION OF AGREEMENT APPENDIX A WAGES , APPENDIX B Calendars , APPENDIX C GRIEVANCE REPORT FORM APPENDIX D SENIORITY LISTS APPENDIX E SUPPORT STAFF EVALUATION FORM APPENDIX F FMLA APPENDIX G TRANSPORTATION LANGUAGE LETTER OF AGREEMENT ON CUSTODIAL CLEANERS LETTER OF AGREEMENT ON SECRETARY TO MS COUNSELORS LETTER OF AGREEMENT ON SECRETARY TO LIBRARIANS DISTRICT WIDE LETTER OF AGREEMENT ON 403(b) TAX-SHELTERED ANNUNITY LETTER OF AGREEMENT ON SECRETARY TO HS COUNSELORS LETTER OF AGREEMENT ON CUSTODIAL CONCESSION PACKAGE LETTER OF AGREEMENT ON DISTRICT FUNDING ADVANCE OF HEALTH SAVINGS... 60

5 ARTICLE 1 EMPLOYEE & ASSOCIATION RIGHTS A. Recognition of Bargaining Unit Pursuant to and in accordance with all applicable provisions under Act 379 of the Michigan Public Acts of 1965, the Board recognizes the Kent County Education Association/Michigan Education Association/National Education Association as the exclusive representative of all of the employees in the unit for the purpose of engaging in collective bargaining and negotiations and other lawful activities for mutual aide and protection to establish the wages, hours and other conditions of employment in the bargaining unit. The Board will not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any rights conferred by Act 379 of the Public Acts of 1965 or any other laws of the State of Michigan, or the Constitution of the State of Michigan, or the Constitution of the United States; it will not discriminate against any employee with respect to hours, wages or any terms or conditions of employment by reason of the employee's membership in the Association, the employee's participation in any lawful activities of the Association for collective negotiations with the Board, or the employee's institution of any grievance under this agreement with respect to any term or condition of the employee's employment. Included in the Unit The Association shall include all custodial/maintenance, food service, paraeducator, secretarial, teacher assistant, and transportation employees of the East Grand Rapids School District working fifteen (15) or more hours per week unless they are specifically excluded below. Excluded from the Unit Excluded from the bargaining unit are all certified personnel, student employees, supervisors, including Food Service Director, Transportation Director, up to 10 F.T.E. secretarial, bookkeeping and print shop personnel working at the District Office (Business Office, Instruction Office, Special Education Office and Superintendent's Office) as long as their job responsibilities do not include work historically done by bargaining unit secretaries, High School Science Laboratory position, temporary and casual employees working ninety (90) calendar days or less, up to 1.0 F.T.E. custodial employee assigned to clean the district's administrative offices, the High School Custodial Supervisor, part-time employees regularly working less than fifteen (15) hours per week, and all other employees of the East Grand Rapids Board or of any other employer. Maintenance work at Woodcliff will be done by bargaining unit employees as in the past. The Board agrees not to negotiate with any other organization other than the Association with respect to custodial/maintenance, food service, paraeducator, secretarial, teacher assistant, or transportation employees for the duration of this agreement. The Board recognizes the Association as the sole and exclusive bargaining representative for all of the Boards non-supervisory employees (hereinafter called "employee") in the departments and positions as set forth in the Appendices and described above as "Included in the Unit." Definitions 1. Classification shall mean employees identified as members of the bargaining unit within one of the six following groups: custodial/maintenance, food service, paraeducator, secretarial, teacher assistants, and transportation. 2. Category shall refer to levels of positions within each of the classifications. 1

6 3. Position shall refer to the specific jobs within each category. 4. Employee shall apply to all members of the bargaining unit. 5. Full-Time Employee is an employee regularly scheduled to work at least thirty (30) or more hours per week, even though not employed for fifty-two (52) weeks per year. 6. Part-Time Employee is an employee regularly scheduled to work 15 to 29.9 hours per week, even though not employed for fifty-two (52) weeks per year. 7. Temporary and Casual Employee is an employee hired on an irregular basis for the purpose of performing a particular task or for the purpose of temporarily replacing an absent employee and for periods less than ninety (90) consecutive calendar days. 8. Probationary Period is the first ninety (90) calendar days of employment. 9. Probationary Employee is an employee who has been hired to fill a vacancy and has yet to work ninety (90) calendar days. 10. Seniority is the length of continuous service with the District since the employee's most recent date of hire. 11. Seniority Date is an employee's most recent date of hire with the District. 12. Classification Seniority is the length of continuous service with the District within one of six classifications. 13. Administrator is an administrator, director, or supervisor. B. Use of Board Facilities The Association, or any Committee thereof, shall have the right to use school buildings or facilities without charge for meetings of employees of the Board of Education of the East Grand Rapids Public Schools for Association business. These meetings are to be held on the employees' time unless permission to do otherwise is granted by the Assistant Superintendent for Business or his designee five (5) days in advance of the meeting. Proper clearance for the use of school buildings, facilities, materials and equipment shall be obtained from the Assistant Superintendent for Business or his designee in accordance with Board policy for use of facilities and equipment. The Association shall be responsible for the maintenance and security of any facilities used by it, and shall be fully responsible to the Board for any damage. C. Negotiations Committee The Board agrees to recognize a Negotiating Committee comprised of members of the Bargaining Unit and their appointed agent or representative. This agent or representative need not be a member of the Association. The make up of this Negotiating Committee will remain unchanged unless changed by prior written notice. The Association shall furnish to the Assistant Superintendent for Business a written list of members of the Negotiating Committee. The Assistant Superintendent for Business will furnish to the Association a list of the members of the Board Negotiations Committee. D. Association Activities 1. No employee will engage in Association activities during working hours unless permitted within this Agreement or by permission of the Assistant Superintendent for Business. Unless this permission has been granted, any employee who is absent from assigned duties for the purpose of Association business shall have a pro rated deduction of the hourly wage for each hour or part 2

7 thereof of the employee's absence and shall be subject to disciplinary action. Provided that, subject to over-riding business needs as determined by the Assistant Superintendent for Business, there will be authorized up to thirty-two (32) hours of paid Association Leave of Absence per year for Association business. The Association will reimburse the Board for one-half (1/2) the hourly rate of the employee utilizing the Association Leave. The Board will pay no more than sixteen (16) hours with the Association paying for sixteen (16) hours. This will be an equally shared financial liability for each hour used up to the maximum of thirty-two (32) per year. Written request for such leave shall state the general nature of the Association Business and shall be submitted to the Assistant Superintendent for Business not less than five (5) working days before the requested leave. All requests will be signed by the Association President. 2. Released Time for Association Meeting Each employee scheduled to work during Association meetings shall be released from duty with pay for up to six (6) hours per year to attend such meetings (meetings may be used by the association to meet with the members of individual classifications). These meetings shall be held during non-student attendance periods such as fall orientation, conferences and card marking sessions. The Board and the Association shall meet to determine mutually acceptable meeting times, dates and locations. These meetings will be scheduled at least five (5) days in advance (See Article I, B). These hours are not transferable and are not cumulative. Any employee attending an Association meeting during a time that s/he is normally scheduled to work will indicate on her/his time sheet the length of time away from the job for attendance at the meeting. The immediate supervisor reserves the right to deny a person's request to attend a meeting if the absence of the employee would cause problems. In no case will an employee be away from her/his work assignment for more than one and one-half (1-1/2) hours at any one time. E. Information The Assistant Superintendent for Business agrees to furnish to the Association, in response to reasonable requests, information concerning the financial resources of the District and tentative budgetary requirements and allocations in the form such information is maintained by the Board. The district shall provide the EGRASE President/designee with an updated staff directory by the end of September. The district shall also provide the EGRASE President/designee with the names of any bargaining unit member that has a change in classification or status, including but not limited to retirement, resignation, termination, paid or unpaid leave and part/full time within fourteen (14) business days of the change. F. Membership Fees and Payroll Deductions Membership Fees and Payroll Deductions If legally permissible, district will maintain current contract language. If payroll deduction of dues is deemed illegal this section will become void with the exception of Board Notification and Remittance to Association as noted below regarding notification of new hires to the Association. Board Notification and Remittance to Association The Assistant Superintendent for Business shall send written notice to the Association's Secretary/Treasurer of new employees in the bargaining unit. Such notice shall include the employee's name, date of hire, classification, category and hours per week and shall be sent within thirty (30) days of the employee's first day of work. Any increase or decrease in hours shall also be sent within ten (10) days of the change. 3

8 G. Subcontracting The Board agrees not to subcontract work normally performed by bargaining unit members if said subcontracting would: 1. Require a layoff to bargaining unit members, or 2. Cause a reduction in the regular weekly hours worked by bargaining unit members. It is understood that the Board can engage the services of non-bargaining unit persons to perform work generally similar to the work done by various bargaining unit classifications under the following conditions: a. Volunteers may perform services without financial compensation; b. Custodial services at the Wealthy Pool/locker rooms and the Community Pool/locker rooms can be performed by the City of East Grand Rapids staff or a custodial cleaning contractor; c. The Board can contract with a commercial snow plowing service to have lots and walks cleared of snow; d. An outside contractor can be hired if there is a backlog of work which cannot be completed in the current work week, or if the district does not own the necessary equipment to complete a project safely, or if current bargaining unit employees do not have the qualifications or certification to complete the work; e. Supervisors who are excluded from the bargaining unit may perform bargaining unit tasks in the course of their employment and this shall not be construed as a violation of this agreement; f. The Assistant Superintendent for Business can hire temporary non-bargaining unit employees for periods of ninety (90) days or less to fill vacancies caused because of absence of bargaining unit members. Additionally, there is no guarantee to any bargaining unit member that overtime hours will be available to them. H. Custodial Cleaners Custodial cleaners are covered by this agreement. The number of custodial cleaners shall not exceed up to five (5) FTE positions. Custodial cleaner positions shall not be used to replace vacant bargaining unit custodian positions, nor shall they be employed when bargaining unit custodians are on layoff or have experienced a reduction in hours. Custodial cleaners shall have the first opportunity to work summer break periods, at a rate established by the Administration. In the event the summer work performed is that of cleaning, cleaners opting to work the summer break shall be paid their normal hourly wage. I. Student Custodial Assistants Student custodial assistants shall not be covered by this agreement. Student custodial assistants are individuals performing custodial duties on a part-time basis while attending high school and/or college. The number of student custodial assistants shall not exceed six (6). They shall not be regularly scheduled to work more than twenty (20) hours per week except during school vacation periods. With the exception of weekends and the Woodcliff building, student custodial assistants shall work under the direct supervision of a bargaining unit custodian. Student custodial assistant positions shall not be used to replace vacant bargaining unit custodian positions, nor shall they be employed when bargaining unit custodians are on layoff or have experienced a reduction in hours. 4

9 J. Bomb Scares The District recognizes its responsibility to provide its employees with a safe work environment. If the District determines it necessary to have bargaining unit employees assist in building inspections during a bomb scare, the District will provide training for said employees prior to them performing such duty. A. Responsibilities ARTICLE 2 BOARD RIGHTS AND RESPONSIBILITIES The Board on its own behalf, and on behalf of the electors of the School District, hereby retains and reserves unto itself without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the school code and the laws and the constitution of the State of Michigan and/or the United States. Such rights, duties, etc. shall include, by way of illustration, and not by way of limitation, the right to (1) manage and control its business, its equipment, and its operations, and to direct the working forces and affairs of the Board of Education and School District; (2) continue its rights, policies, and practices of assignment and direction of its personnel, determine the number of personnel, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement; (3) direct the working forces, including the right to hire, evaluate, promote, suspend, and discharge employees, transfer employees, assign work or duties to employees, determine the size of the work force, and to layoff employees, but not in conflict with the provisions of this agreement. B. Authority The Association recognizes that the Board is legally responsible for the operation of the entire school system within the boundaries of the school district, and that the Board has the necessary authority to discharge all of its responsibilities subject to laws above mentioned, and to the provisions of this agreement. C. Administrative Staff In meeting such responsibilities, the Board acts through its administrative staff. Such responsibilities include, without being limited to the establishment of education policies, the construction, acquisition and maintenance of school buildings and equipment, the hiring, transfer, assignment, supervision, discipline, promotion, and termination of employees, including the right to fill temporary absences with the substitute of their choice, and the establishment and revision of rules and regulations governing and pertaining to work and conduct of its employees. The Board and administrative staff shall be free to exercise all of its managerial rights and authority to the extent permitted by law. No actions shall violate any of the expressed terms of this agreement, and no rules and regulations, shall be adopted or revised, which violate the express terms of this agreement unless mandated by law. D. Emergency Situations Upon request of the administration, an employee shall remain on duty as long as needed in the event of emergency situations as determined by the Superintendent or her/his designee. 5

10 ARTICLE 3 EMPLOYEE RIGHTS A. Discipline No employee who has successfully completed the probationary period shall be disciplined without just cause. Discipline includes warnings, reprimands, suspensions, reductions in rank or pay and discharge. Any such discipline, which is to be made a permanent part of the employee's personnel file, shall be subject to the grievance procedure herein set forth. Upon request, the specific grounds forming the basis for disciplinary action will be made available to the employee and the Association in writing if the disciplinary action is documented in the employee's file. The Board agrees with the concept of progressive discipline, except in cases where there has been violations of the law or extreme violations of the rules and policies of the District; and will endeavor to follow the normal progression of oral warnings, written reprimands, suspensions with or without pay, and finally, dismissal if necessary. B. Right to Representation An employee shall be entitled to have present a representative of the Association during any meeting which leads or may lead to disciplinary action beyond an oral warning. When a request for such representation is made, the administration shall take no action with respect to the employee until such representative is present. The Association agrees that the Board shall also have the right to request the presence of an Association representative at any meeting with an employee when it appears disciplinary action is likely. Representatives will be designated by the Association and a list of these representatives will be given to the administration. C. Evaluation and Employee Files 1. Administrators are responsible for the supervision and evaluation of all employees. For employees whose immediate supervisor is a fellow association member (i.e. custodians/head custodians, cook/head cook, paraeducator/teacher, etc.), the employee will be informed of the immediate supervisor's name, in writing, by the administrator, prior to the start of the third week of fiscal/school year. The employee's job performance will initially be assessed by the immediate supervisor. Then, the administrator will review the assessment to confirm that it is consistent with her/his observations, record any area of disagreement and/or additional comments, and meet with the employee and the immediate supervisor to discuss the employee's evaluation. At the conclusion of the meeting, all parties will sign and date the evaluation. If an employee requests to meet with the administrator and/or immediate supervisor to discuss her/his goals and responsibilities, such meeting shall be held at a mutually convenient time. 2. Each employee will be evaluated in writing on an annual basis. No evaluations or material shall be placed in the employee's file unless the employee has had an opportunity to review the material. Complaints against the employee, if deemed important by the administrator, shall be put in writing with the names of the complainants, administrative action taken, and the remedy recommended clearly stated. When asked to sign any material, the employee shall understand that such signature indicates awareness of the material, but in no instance shall the signature be interpreted to mean agreement with the content. The employee may submit a written notation regarding any evaluation or material which shall be attached to the file copy of the material in question. 6

11 3. An employee will have the right, upon request, to review the contents of her/his personnel file excluding initial references. After material has been in the personnel file for an extended period of time, the employee may schedule an appointment with the Assistant Superintendent for Business to review the entire file and formally request that consideration be given to removing outdated material from the file. The official personnel files are kept in the Business Office at the Administration Building. 4. Upon receipt of a Freedom of Information Act (FOIA) request for all or part of an employee s personnel file, the district will notify the Employee and the Association of the request. The Employee may request to review their file before information is released. ARTICLE 4 CONDITIONS OF EMPLOYMENT A. Probationary Period 1. An individual hired to fill a permanent vacancy shall be considered to be on probation and shall have no seniority until s/he has been an employee for ninety (90) calendar days. During this period, said employees shall not be subject to this Agreement. Such probationary employees may be laid off or discharged without regard to this Agreement, and the Board shall have no obligation to recall or rehire such employees. 2. Uniforms for custodial/maintenance and food service personnel will not be provided until the end of the probationary period unless specified by the Assistant Superintendent for Business. 3. Upon successful completion of the probationary period, the employee shall acquire seniority and shall be placed upon the seniority list with a seniority date which is the same as her/his date of hire. Further, upon obtaining seniority status, the employee will be paid for holidays and sick leave, if they qualify, which occurred during the probationary period. 4. The Assistant Superintendent for Business, or her/his designee, shall provide a written notice to each employee following the completion of the probationary period indicating the successful completion of probation and the employee s job placement. B. Professional Improvement The Board of Education will reimburse the employee for the cost of courses taken by the employee to improve the employee's performance. Such courses must be approved in advance by the Assistant Superintendent for Business. Custodial/maintenance employees shall receive reimbursement for class registration fees and certification/licensing fees when obtaining and/or renewing certification or licensing when required and/or approved by the school district. 7

12 C. Health 1. The Assistant Superintendent for Business may require an employee have on file in the Business Office a health certificate signed by a licensed physician approved by or satisfactory to the Board certifying that the employee is physically fit to perform the full scope of her/his duties. Continued employment in any position shall be contingent upon the individual's continuing physical fitness to capably handle her/his duties. 2. This certificate must be renewed at the option of the Assistant Superintendent for Business or his designee. 3. The cost of the initial physical examination will be paid by the Board of Education after delivery of the physician's statement for services rendered to the Assistant Superintendent for Business. The Board will, in the same manner, pay the cost of additional examinations required by it. 4. Each employee shall meet applicable state requirements concerning tuberculosis examinations. Failure to comply with this requirement will result in layoff, without pay or other benefits until such requirements have been met; PROVIDED, an employee who has failed to comply with the state requirements within ten (10) days from the date of layoff for failure to meet such requirements shall be considered a voluntary quit. The Board will reimburse the employee for the cost of such examination after delivery of the statement for services rendered to the Assistant Superintendent for Business. A written receipt indicating the amount paid by the employee must be submitted for reimbursement. The Board will reimburse the actual amount paid by the employee so long as this amount does not exceed the amount charged by the Kent County Health Department for the same test. 5. An employee absent because of an extended or serious illness of 7 days or more, shall upon request of the Administration, present at the office of the Assistant Superintendent for Business prior to a return to service, a statement from a licensed physician indicating that the employee's health is satisfactory to resume normal duties. 6. The Board reserves the right to send the employee to a Board appointed doctor if the Board pays the cost of such examination. D. Work Week/Work Year/Work Hours A work week for overtime computation purposes shall begin at 12:01 a.m. on Saturday and end at 12:00 Midnight on the following Friday. The number of hours worked each week will vary with the job category and building assignment. The normal work week for all employees will be Monday through Friday with the exception of the custodians per the Custodial Concession Agreement, their work week would also include Tuesday through Saturday. If new positions are added in the future that require regular work on Saturday or Sunday, a posting notice will state this schedule. The schedule will be within the framework defined below, if any. The work schedule (hours and shift) will be determined by the Administration. All changes in work shifts will be discussed in advance with individual(s) involved and where possible, personal preferences for shift assignment will be taken into consideration. 1. Custodial/Maintenance Hours The working day for full-time Custodial/Maintenance employees shall consist of eight (8) hours per day during the school year. With prior approval of her/his administrator, full-time Custodial/Maintenance employees have the option of ten (10) hours per day for a 4-day work week, nine (9) hours a day for four (4) days and four (4) hours on the fifth day, for a 5-day week; or eight (8) hours per day during vacation periods. The lunch/dinner period will be without pay and is not included in the eight (8) hour work period. Employees classified as Custodial/Maintenance 8

13 will be scheduled to work the hours or shift that the Administration determines to best meet the needs of the district. The work schedule will be within the range of hours detailed below for each shift. Any changes in starting time or shift will be communicated to any employee at least ten (10) work days in advance of the change. a. First Shift The first shift is any shift that regularly starts between 5:30 a.m. and 8:00 a.m. b. Second Shift The second shift is any shift that regularly starts between 1:00 p.m. and 5:00 p.m. It is agreed that up to three (3) second shift employees may come in as early as 12:00 noon. c. Third Shift The third shift is any shift that regularly starts between 9:30 p.m. and 12:00 midnight. Cleaners work year shall be forty-three (43) weeks per year, generally working no more than six (6) hours per day. In the event a custodial cleaner substitutes in a custodian position for more than one (1) day during the school year, s/he shall be paid at the custodian rate. NOTE: Full-time second and third shift Custodial/Maintenance employees will be required to schedule a lunch/dinner. This lunch/dinner will be scheduled by the supervisor at approximately the mid-point of the work shift for each employee. Custodial/Maintenance employees working part-time (less than eight hours) will be scheduled to start their work shift when needed. It is recognized there is a need in the Maintenance Department to have someone on call 24 hours a day. Therefore, the parties agree to designate a lead maintenance person within the Custodial/Maintenance classification of the bargaining unit. Duties of this position shall include, but not limited to: 1) Snow watch and the coordination of calls to maintenance 2) Coordination with the City of East Grand Rapids for snowplowing 3) On call 24 hours a day for emergencies 2. Secretarial Hours The working day for full-time secretarial employees shall consist of eight (8) consecutive hours per day. The normal working hours are between 7:00 a.m. and 5:00 p.m. However, there are instances where these hours can vary. It is up to the building principal or immediate supervisor to work out a satisfactory lunch hour as well as other changes in the 7:00 a.m. to 5:00 p.m. work day range. School year secretaries will generally return to work on the Monday, which precedes two (2), three (3), or four (4) weeks prior to the instructional start of the school year. This day will be determined annually based on the first day of student instruction. Exceptions to this will be communicated by administration before implementation. School year secretaries may be requested to return earlier due to unusual circumstances. This would require mutual consent of the building administrator and the secretary. (Moved from LOA page 49 of the Master Agreement) E. Lunch Periods and Rest Periods (Breaks) Employees working four (4) hours or more may schedule an appropriate lunch period of thirty (30) to sixty (60) minutes with their supervisor. The final determination as to the length and time of the lunch break will rest with the supervisor. Each employee working three (3) hours per day or more shall receive one (1) paid fifteen (15) minute break for each complete three (3) hour block of time worked consecutively. Employees working seven (7) or more hours per day shall be allowed two (2) break periods. The rest period will be scheduled by the employee's supervisor. 9

14 The Board shall provide without charge to all Food Service employees the equivalent of one (1) adult lunch per day. The lunch must be eaten on the work day earned and consumed on Board property. NOTE: Breaks are not to be accumulated, and an employee is not allowed to take this paid rest period at the beginning or end of the regular work schedule. F. Overtime and Call in Pay 1. Overtime Time and one-half (1-1/2) of the employee's regular hourly rate of pay shall be paid for all hours worked in excess of eight (8) hours worked in any work day or in excess of forty (40) hours in any work week, PROVIDED, that overtime pay shall not be pyramided. Per the Custodial Concession Agreement, the first 40 hours per week will be paid at regular time. Anything over 40 hours per week will be paid at the overtime rate. Overtime, for full-time maintenance employees, will not be paid for hours worked in excess of eight (8) hours worked during vacation periods, provided the employee is not scheduled to work in excess of 40 hours in any work week. All overtime must be approved in advance by the supervisor. When calculating "hours worked" for overtime pay purposes, paid leave (sick leave, Personal Business Days, and family illness) will not be considered "hours worked." For example, if an employee WORKS thirty-six (36) hours in a particular work week and also qualifies for eight (8) hours of paid sick leave that same week, s/he will not be paid overtime unless s/he exceeded eight (8) hours on a given day. With the high volume of activities occurring at the high school on weekends, the parties agree that each employee within the custodial/cleaner classification shall be assigned, on a quarterly basis, one Saturday during the quarter. If the district determines that more than one custodian is needed for a Saturday they will first seek volunteers from within the custodial/cleaner classification for the additional position(s). In the event no employee volunteers for overtime duty, assignment of additional hours will be based on seniority starting with the least senior employee in the classification rotating through the list. When the rotation of the seniority list has been completed or at the beginning of a new school year, the order will be repeated. NOTE: Paid holidays and paid vacation days approved at least five (5) days in advance will be considered as "hours worked" for calculation of overtime. 2. Call In Pay/Emergency Call In In the event an employee is called in to work or to help in an emergency (not scheduled at least forty-eight (48) hours in advance) which requires an additional trip to work, the employee shall be paid at a rate of one and one-half (1-1/2) times her/his regular rate of pay for a minimum of three (3) hours. This pay shall be computed on a portal-to-portal basis from the employee's home. 3. Call In Pay/Prescheduled If an employee is scheduled to work on a Saturday or Sunday at least forty-eight (48) hours in advance of the time s/he actually works, the pay will be at one and one-half (1-1/2) times the regular hourly rate of pay. The employee will be guaranteed a minimum of three (3) hours pay at the overtime rate, but will only be paid under these conditions for actual hours worked at the site (no portal-to-portal). 4. Food Service Banquets Banquet assignments for Food Service employees will be made on a voluntary, rotating basis amongst the employees in the same classification. Assignments for major events (including but not limited to the Antique Show, Arts and Crafts Fair and Special Olympics) will be based on district seniority. Assignment for all other events will first be offered to the affected building Food Service 10

15 employees based on rotating seniority. Rotating schedules will be posted and based on seniority within a category, with the exception of the assignment of a head cook/chef by the Food Service Director. All Food Service employees who have indicated a desire to work banquets will be listed on the appropriate (i.e. major events or building events) rotating schedule. This list will include regular and part-time Food Service employees who are in the bargaining unit who have indicated a desire to work banquets. ARTICLE 5 PAID LEAVES Paid leaves will be recorded as hours instead of days. Example: One vacation/sick/personal day = 8 hours (or the same number of hours an employee currently works per day.) A. Paid Holidays Employees regularly scheduled to work fifty-two (52) weeks per year and school year secretaries will be paid for the following eleven (11) holidays at their regular rate of pay for the number of hours normally scheduled to work. Friday before Labor Day Christmas Day July 4 th * Labor Day Day before New Year Eleventh Holiday 18/19 July 5, 2019 Thanksgiving Day New Year s Day Eleventh Holiday 19/20 July 3, 2020 Day after Thanksgiving Memorial Day Day before Christmas *School year secretaries will be paid for holidays which occur during summer recess in their first paycheck following their return to work in the new school year. School year employees working fifteen (15) hours per week or more and less than fifty-two (52) weeks per year will be paid their regular rate of pay for the number of hours normally scheduled to work for the following nine (9) holidays: Friday before Labor Day Day after Thanksgiving Day before New Year Labor Day Day before Christmas New Year s Day Thanksgiving Day Christmas Day Memorial Day In order to be eligible for holiday pay, employees must: a. Have seniority as of the date of the holiday; b. Be an active employee as of the date of the holiday; and c. Have worked the last scheduled work day or be on an approved paid leave immediately preceding and immediately following the holiday, unless excused. Eligible employees will be paid holiday pay at straight time hourly rates for the number of hours per day normally worked when the holiday occurs. Should any holiday fall on a Saturday or a Sunday, the Monday following will be considered a paid holiday. There may be exceptions to this policy where the school calendar dictates. When half day holidays are agreed to, day shift employees will start their work schedules at the normal time and work one-half (1/2) their normal shift and night shift employees will work a four hour shift. 11

16 In the event a holiday falls within an employee's vacation period, s/he shall be paid for that holiday in addition to vacation pay or shall be given an additional vacation day at the employer's option. B. Paid Vacations 1. An employee normally scheduled to work forty (40) hours per week or 52 weeks per year shall be eligible for paid vacation benefits indicated below if they completed the length of service shown by June 30 of the year the vacation days were accrued: Completed Service as of June 30 Less than 12 Months Length of Vacation Same ratio to ten (10) as the number of days of employment before the vacation are to Year through 7 years completed Ten (10) work days as of 6/ Years completed as of 6/30 Fifteen (15) work days Years or more completed as of 6/30 Twenty (20) work days Employees who are employed for less than a fifty-two (52) week year with less than 14 years of service, shall be entitled to paid vacation days on a pro rated basis. The pro ration will be based on the number of weeks worked in relation to fifty-two (52) when applied to the chart above. Under no circumstances will employees working less than fifty-two (52) weeks with less than 14 years of service, be entitled to more than ten (10) days of vacation. Per the Custodial Concession Agreement, custodial employees may accrue a maximum of 4 weeks vacation. Employees working less than fifty-two (52) weeks, and with 14 years of service or more shall be entitled to no more than twelve (12) days of vacation, unless the total number of school break days (i.e. Christmas break, Spring break, Mid-winter break) increases. In said instances, employees shall be entitled to enough leave days to cover such school breaks up to the total allowed vacation days, as per the above vacation accrual schedule. Employees who work 52 weeks per year, but less than 40 hours per week, will be eligible for paid vacation benefits indicated above on a prorated basis. For example, an employee who has 5 years of service and works 30 hours per week for 52 weeks will be eligible for seven and a half (7.5) days of vacation. 2. In order to be eligible for vacation as set forth in Paragraph 1, an employee must: a. Have seniority at the time of the taking of the vacation; b. Be an active employee; and c. Regularly be scheduled to work forty (40) hours per week. 3. Vacation time off shall be scheduled with the approval of the immediate supervisor and the Assistant Superintendent for Business. Unless other arrangements are made with the immediate supervisor and the Assistant Superintendent for Business, employees who are employed for fiftytwo (52) weeks shall take their vacation time off during those vacation periods scheduled during the year. Exceptions to this may be made on an individual basis when the Assistant Superintendent for Business believes circumstances dictate. 12

17 4. Vacation periods shall not accumulate or carry over from one year to the next unless a vacation period is denied at the convenience of the Board or unless the Assistant Superintendent for Business agrees, in writing, to such accumulation or carryover. 5. Eligible employees who terminate their employment with the Board for any reason whatsoever without two weeks notice of termination shall not be entitled to accumulated vacation benefits or pay. Those employees who terminate their employment for any reason whatsoever and who provide two weeks notice of said termination will receive vacation pay, pro rata. 6. A written request on a "Request for Leave" form designating the vacation period desired shall be filed with the Assistant Superintendent for Business at least five (5) work days prior to the vacation time requested. The Assistant Superintendent for Business will make the final determination on vacation dates requested. Employees shall not be paid in lieu of taking vacations. Extra days of vacation without pay will not be allowed except under very unusual circumstances. The Assistant Superintendent for Business will make the final determination on all requests for unpaid leave. 7. One floating leave day will be granted to those employees who do not qualify for vacation, to be used only during days when school is not in session (example: Christmas Break, Mid-Winter Break, Spring Break, etc.) C. Paid Disability Leave 1. All employees working fifteen (15) hours or more per week shall, from and after successfully completing their probationary period, be credited with one day of disability leave for each full calendar month they are scheduled to work. These days will be credited to the employee s disability leave bank on the first day of work on or after July 1 of each year. Such disability leave will accumulate without limitation. Per the Custodial Concession Agreement, custodial employees are eligible to receive a total of ten (10) disability days per year. An employee with credited disability leave who is disabled due to illness, injury, or pregnancy shall be paid full salary for all days normally scheduled to work, charged against accumulated disability leave until disability leave is exhausted. Thereafter, absences shall be without payment of wages or Board paid fringe benefits. Once disability leave is exhausted, an employee must request an unpaid leave or be considered terminated. 2. School year employees will accrue ten (10) disability leave days per school year. These ten (10) days will be pro rated if the employee works less than a full school year. An employee will note on her/his time sheet "sick leave" when such a day is used. Notification of absence under this provision will be as soon as practicable, but in no case less than one (1) hour prior to normal starting time. 3. All leave provisions shall be consistent with the Family Medical Leave Act (FMLA). Employees may take leave with health benefits for birth, adoption, or serious medical conditions affecting themselves or an immediate family member. 4. All employees in the bargaining unit who do not use any of their allotted sick time during a fiscal year from July 1 to June 30 shall receive a bonus of one (1) additional day of pay on the first check following the end of the school year. Note: In the event that an employee leaves the Board s employment for any reason, or is granted any unpaid leave of absence, the number of disability leave days as described above shall be pro-rated and reduced on the following basis: One (1) disability leave day shall be reduced for each twenty (20) scheduled days not worked, excluding paid vacation and paid holidays, rounded to the nearest half day. If 13

18 the pro-ration indicates that the employee has over utilized disability leave, the employee will reimburse the Board by any of the following methods: A) payroll deduction; B) from accrued paid vacation; or C) direct payment by the employee. The method of repayment will be determined by the employer. D. Illness in Immediate Family 1. Absence without loss of salary shall be allowed not to exceed five (5) days per each occurrence for illness in immediate family (spouse, son, daughter, or parents). If an illness qualifies under the FMLA, the employee may use sick leave. This provision will apply to the immediate family members described if: a. They live in the same household with the employee, or b. They are the primary responsibility of the employee. 2. This provision is granted with the understanding that it is intended to be a shared responsibility with the employee's spouse, if any, or other adult members of the immediate family. Doctor appointments (except for emergency medical treatment) will not qualify under this provision. Such absence shall be deducted from the employee's accumulative disability leave. E. Personal Business 1. Each employee regularly working fifteen (15) hours or more during the school year will be allowed three (3) days of absence during each fiscal year without loss of salary, to transact personal business which cannot be conducted outside their regular work day. Such day(s) of absence shall not be deducted from the employee's paid disability leave bank. To qualify for this benefit, the request must adhere to the requirements below. 2. A personal business day may not be used immediately before or following a vacation or holiday, except by express approval of the Assistant Superintendent for Business or her/his designee. 3. It is understood that personal business days are not intended to be used for non-business purposes. Personal business days can not be used for the following: a. To engage in other employment. b. For travel. (Unless the travel is necessary to get to an event that occurs on a regular work day and qualifies under the Personal Business section of the contract.) c. For business that could be conducted during non-work hours. NOTE: It is agreed that the definition of "Personal Business" will include unique events of the immediate family which occur during the work shift of the employee on a scheduled work day (examples: college registration, graduation, wedding, etc.) 4. One quarter (1/4) personal business day can be used for routine or periodic doctor or dentist appointments. 5. An applicant for a business day is required to state the general reason for such absence and complete the "Request for Leave" form at least five (5) calendar days in advance. In cases of emergency, the five (5) day requirement can be waived by the Assistant Superintendent for Business. 6. Personal days must be taken in equivalent quarter (1/4) day units. When personal leave is used, the employee will be compensated at her/his hourly rate for the number of hours normally worked. Any unused personal business days at the end of the fiscal year shall be added to the employee s paid disability leave. 14

19 F. Death in the Immediate Family 1. Absence without loss of salary for up to five (5) working days per occurrence will be allowed within the categories listed below: Death in the employee's immediate family (spouse, children, parents, brothers and sisters, grandparents, parents-in-law, brothers- and sisters-in-law, grandchildren, daughters-in-law, sonsin-law, niece and nephew). Up to three (3) working days per occurrence will be allowed without loss of pay for uncle, aunt and cousin. 2. Each day of absence specifically covered under the terms of Section "F" of Article 5 shall be charged against the employee's accumulated disability leave days. The first two (2) days of bereavement leave will not be charged against accumulated sick leave. G. Absence for Jury Duty Any employee summoned to jury duty shall be paid full salary for each working day of absence, provided that the employee pays the Board the jury fee less mileage expenses. H. Worker's Compensation 1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Worker's Compensation should be documented within twenty-four (24) hours of the occurrence by completing the "Report of Injury to Employee" form. 2. For any employee who is absent because of an injury or disease compensable under the Michigan Worker s Compensation Law, sick leave payments will not exceed the difference between the benefits paid under the provisions of the act and normal wage. Said sick leave payments shall be charged against the employee s accumulated sick leave days until such days are exhausted. 3. Verification of disability and the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to the Board. 4. The Board may, but is not required to, place an employee in an assignment within restrictions established by medical personnel approved by or satisfactory to the Board. 7. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier. After the claim is filed with the insurance company, all claims, problems, reimbursements, etc. must be worked out directly between the employee and the insurance company. 8. An agreement will be signed with an employee seeking Worker s Compensation, that upon receipt of benefits, the district will be reimbursed payment in excess of 100%. I. Compulsory Absence Any employee served with a subpoena resulting in involuntary absence, shall be paid her/his wages, provided that the witness fee, less mileage expenses, is paid to the Board. 15

20 J. Other Paid Leaves The Assistant Superintendent for Business shall have discretion to grant emergency leave for death, illness or other emergencies which are not specifically covered under the terms of this contract. A. Unpaid Disability Leave ARTICLE 6 UNPAID LEAVES 1. Any employee whose disability extends beyond the period of compensation provided by the accumulated disability leave provisions and using paid vacation days (provided the employee may reserve up to five (5) days of accumulated vacation) shall request in writing and be granted a leave of absence without pay for up to one (1) calendar year. Upon request, the Assistant Superintendent for Business may grant additional time. 2. When an employee's accumulated disability leave is exhausted, further absence will result in full deduction of salary during the period of absence and fringe benefit premium cost will become the responsibility of the employee. B. Return from Unpaid Disability Leave 1. Written notification to the Assistant Superintendent for Business of intent to return from an unpaid disability leave of absence must be given at least ten (10) work days prior to the date of return. If an employee who has been on Long Term Disability is able to return earlier than the timelines specified above, the Assistant Superintendent for Business will return the employee to the same or comparable job held by the employee before going on leave, although it is recognized that such assignment cannot be guaranteed. Any employee on leave of absence without pay shall not be entitled to advancement on the salary schedule. Upon return from leave of absence, the Assistant Superintendent for Business will make every effort to return the employee to the same or comparable job held by the employee before going on leave, although it is recognized that such assignment cannot be guaranteed. 2. The employee shall provide medical verification indicating the need for the disability leave if requested by the Assistant Superintendent for Business. C. Child Care Leave Upon at least sixty (60) days advance request, a non-probationary employee shall be granted a child care leave of absence, without pay or other benefits, beginning either upon the conclusion of a disability leave due to pregnancy or upon the delivery of an adopted child; provided that such leave will be granted to only one of two parents, if both are employed by the District. Such leave shall extend for not more than one year unless an extension is granted by the Assistant Superintendent for Business. In the event of the death of the child, the leave may be terminated provided both parties agree. The employee shall, not less than thirty (30) days prior to the expiration of the leave, notify the Assistant Superintendent for Business of her/his intent to return. Failure to do so will be treated as a resignation of employment. The employee shall be placed in her/his same or comparable position, provided that proper notice of intent to return has been given. D. Military An employee shall be granted a leave of absence without pay to serve in the United States military under the following circumstances: the employee is called into service, the employee is activated as a member of the reserve forces, the employee enlists in anticipation of induction, or the employee enlists during a period of time when our country is at war. Full credit on the salary and seniority schedules shall 16

21 be granted for such time spent in military service. The employee s employment will terminate upon any voluntary extension of such military service. E. Other Unpaid Leave Any absence for reasons not specifically covered under the terms of this contract must be discussed in advance with the Assistant Superintendent for Business or her/his designee. F. Conditions Applicable to all Leave of Absences Any employee desiring a leave of absence heretofore described, or a leave of absence for any reason not mentioned, shall apply, in writing, to the Assistant Superintendent for Business indicating the period of proposed absence and the reason therefore. Approval of all leaves and extensions shall be discretionary with the administration or Board, except as otherwise provided herein. If the request for leave is approved, the approval shall indicate the period of absence, whether it is without or with pay, whether or not it will be charged against sick leave, and (if it extends into another school year) whether the employee will receive credit on the salary schedule for their period of absence. Upon return from any approved leave, the employee shall be credited with unused sick leave which s/he had at the time the leave began, but shall not be credited with sick leave days for the period of the leave of absence. G. FMLA A notice of FMLA rights is included as Appendix F. The leave provisions of this contract shall be construed consistently with the Family Medical Leave Act, and its rules and regulations. A. Seniority 1. Definition ARTICLE 7 SENIORITY, LAYOFF, RECALL, VACANCIES & TRANSFERS a. July 1 will be the first day of the year for determining seniority for first year employees. In an employee's first year of employment, seniority will be prorated based upon the employee's date of hire in relation to July 1. b. Employees will accrue one (1) year of seniority for each year of continuous service with the District. c. Temporary and casual employees working less than 90 days shall not be subject to this Agreement. Temporary and casual employees working more than ninety (90) consecutive calendar days shall become probationary employees, unless otherwise agreed to by the Association. d. If two or more employees have the same seniority date, their placement on the seniority list shall be determined by a lottery drawing of the names of the employees. The drawing shall be held on or before the first day of the second semester. It will be conducted by the Assistant Superintendent for Business and the Association President. Each affected employee will be invited to attend the drawing. e. If an employee transfers from one classification to another classification, the seniority in the former classification will be "frozen" in that classification and, the employee will begin earning seniority in the new classification as of the date s/he starts working in the new classification. f. Seniority in one of the classifications does not give an employee rights in any other. Seniority within a given classification does not necessarily qualify an employee for all possible job responsibilities within that classification (i.e. The qualifications for maintenance positions are 17

22 different than for custodial positions. A food service server will not necessarily qualify to be a head cook.) g. Starting July 1, 2013, to earn a full year of seniority, employees will be required to be scheduled to work 30 hours or more per week during their scheduled work year. Employees working less than 30 hours per week will have their seniority prorated. h. If a member works in more than one classification simultaneously, the member shall receive seniority in each classification based on the percentage of a 30 hour workweek they work in each classification. For example, an employee working 15 hours per week in a classification shall receive ½ year of seniority in that classification. If the employee works 10 hours in a second classification, the employee would earn 1/3 year of seniority in the second classification. 2. Seniority Lists The District shall maintain lists indicating classification seniority. There shall be six (6) separate classifications: 1) custodial/maintenance; 2) food service; 3) paraeducator; 4) secretarial 5) teacher assistant; and 6) transportation employees. These lists shall be posted, on or before the first day of the second semester, and shall be available to the Association, upon written request. If any member of the bargaining unit disagrees with her/his placement on the seniority list, the grievance procedure and timelines must be followed when the seniority lists are posted. The seniority list attached to this Agreement shall be the formal list. Some non-bargaining unit personnel are included on the list. Effective June 30, 1993, those non-bargaining unit personnel shall have their seniority frozen. 3. Loss of Seniority Seniority shall be lost if any of the following apply: a. The employee retires, quits or is discharged; b. The employee is absent five (5) consecutive work days without notifying her/his immediate supervisor. If the Assistant Superintendent for Business is notified of extenuating circumstances which are beyond the control of the employee, the s/he may waive this condition; c. The employee does not return from an approved leave of absence within five (5) working days after the leave expires; d. The employee does not notify the Assistant Superintendent for Business of her/his intent to return from layoff status within seven (7) working days from date of recall; e. If a layoff exceeds twenty-four (24) months or a period of time equal to an employee's seniority, whichever is less, the employee shall be considered terminated and all contractual rights will cease. B. Reduction of Work/Hours If the Board determines that a reduction of bargaining unit work is necessary, the following procedure will be used: 1. The Assistant Superintendent for Business shall meet with the Association President to discuss the proposed layoff and/or reduction of hours; 2. The Assistant Superintendent for Business and the Association President will attempt to reduce staff through attrition and/or voluntary layoff or reduction of hours; 18

23 3. If reduction is still necessary, employees working less than 15 hours per week in the classification(s) affected by the reduction shall be laid off or reduced in hours in inverse order of seniority; 4. If reduction is still necessary, probationary employees in the classifications affected by the reduction shall be laid off or reduced in hours in inverse order of seniority; 5. If reduction is still necessary, non-probationary employees in the classification(s) affected by the reduction shall be laid off or reduced in hours in inverse order of seniority. C. Notice of Layoff/Hours Reduction Thirty (30) calendar days notice of layoff and fourteen (14) days notice of reduction in hours shall be given. There will be no reduction in the number of hours an employee is normally scheduled to work unless the criteria in Section B "Reduction of Work" is followed. However, hours shall not be reduced across a classification to avoid individual layoffs. Additionally, hours can be reduced for food service employees and paraeducators on days when the school calendar has students in school for less than a full school day or not at all. D. Bumping 1. An employee who has lost hours shall have the right, based on classification seniority and necessary qualifications, to recover those hours, provided there is no conflict in scheduling. Such recovery of hours shall only be within the classification. The intent of this provision is to restore hours as closely as possible to the employee s previously scheduled hours. If an employee is unable to recoup hours under this provision, the employee will have the right to bump the least seniored employee in the same classification working the same or closest number of hours as the reduced employee, in the subsequent school year, provided the bumping employee possesses the necessary qualifications for the position into which the bump will occur. 2. An employee whose position has been eliminated, may bump, based upon classification seniority and necessary qualifications: a. The least seniored employee with the same or most similar hours within her/his present category, or b. Any employee whose position has been eliminated may bump any equal or lower paid position within the classification provided they possess the required license where applicable. c. An employee whose position has been eliminated and who holds seniority in another classification may exercise bumping rights in that classification as stated in b above.. An employee will be guaranteed a position of comparable hours per day and days per year unless they have the least seniority of all other comparable positions. If a part-time employee bumps a full-time employee, the part-time employee must assume all of the full-time employee s hours. Should a layoff/reduction in hours occur six (6) weeks after the start of the school year, part-time paraeducators are not permitted to bump any full-time paraeducators assigned to an individual special education student, until the beginning of the next school year. Under no circumstances can an employee bump from one classification to another classification where they have not previously accrued seniority, regardless if the employee has more seniority than someone in another classification. (For example, a custodian with 5.5 years seniority as a custodian does not have the right to bump into the food service classification and take away someone s job who may have only 3.0 years seniority, unless said custodian accumulated more than 3.0 years seniority in the food service classification.) 19

24 E. Job Placement of Laid Off Employees A laid off employee may apply for any posted positions within another bargaining unit classification covered by this contract provided that a laid off employee has the present skill and ability to perform the necessary work by the end of the trial period as outlined in Section H. 4. of this Article. The employee would be given serious consideration for the posted vacancy if s/he meets the qualifications. If the employee is hired under these circumstances, the hourly rate of the employee will be adjusted to a step level of the new category closest to her/his rate of pay in the classification which s/he was laid off. F. Employment Priority Laid off employees shall, upon timely application, be granted priority on all temporary or casual work, provided they are physically able and qualified to perform the full scope of the required work. However, under such circumstances, the employee will not be deemed to have been recalled and will not, except for recall rights, be subject to this Agreement. The administration will make the final determination as to an employee's qualifications for work outside the laid off employee's usual work classification. When work is performed within the employee s classification, the hourly rate of pay will be equal to the employee s regular rate of pay. G. Recall 1. A laid off employee will have a contractual right to recall for a period of time equal to her/his seniority, not to exceed a maximum of twenty four (24) months. Employees shall be recalled in inverse order of layoff to any position for which they are qualified. Notification of recall shall be by telephone followed by written notification either by first class mail, return receipt requested, addressed to the employee at the address on file with the Assistant Superintendent for Business. Date of mailing shall be determined by the Board's receipt for mailing. The Board shall not be required to recall probationary employees. Employees who are recalled to a position with fewer hours than they were working prior to recall, or who are recalled to a position outside of their regular classifications, may turn this down and still remain eligible for all recall rights under this contract. 2. If the employee or a member of her/his household is notified of recall by telephone, s/he shall personally advise the Assistant Superintendent for Business in writing of her/his intent to return to work within seven (7) calendar days from the date of written notification. 3. The Board may use any available persons to perform work during the time between notification of recall and the return of such employee. 4. It is the responsibility of the employee to maintain her/his correct address with the Assistant Superintendent for Business. The Board shall have no responsibility or liability for an employee's failure to respond or report for work where the address of the employee on file with the Assistant Superintendent for Business is incorrect. H. Transfers and Assignments In order to insure and promote successful and continued operations and because job category are general in nature, temporary transfers between category may be made, fragmentary work from one category may be performed by an employee from another category without a change in category and replacement of absentees may be made by transfer of available employees; PROVIDED that, an employee temporarily transferred to another category shall receive either her/his current rate of pay or the minimum rate of pay of the category to which transferred, whichever is higher. 20

25 I. Permanent Vacancies 1. Posting A vacancy is a newly created position, a current position increased by more than five hours per week within the same fiscal year (except transportation employees), or a position from which an employee retired, resigned, was terminated or was transferred. The administration can add more than five hours per week to a paraeducator position during a semester; however, the position shall be posted and staffed no later than the start of the next semester. Vacancies, which are to be filled, shall be posted for five (5) working days on the applitrack.com site. Postings shall list: job title, hours, starting date, compensation, immediate supervisor, qualifications per the job description, application process, posting and deadline dates, and contact name and phone number. It should be recognized that the requirements of any given position may change based on the needs of the district. As a result, the posting qualification for any given vacancy can be adjusted by the administration based on the current needs of the vacant position. If the district determines a significant adjustment in posting qualification is necessary, the association will be notified of those adjustments and provided the opportunity to address any concerns to the Assistant Superintendent of Business prior to the position being posted. Interested employees must apply by submitting a letter of interest, with resume preferred but not required, to the Assistant Superintendent for Business, at any time during the posting period. The following explanation will be added to vacancy postings: Association members will be considered first for this vacancy. The Administration will screen Association members applications to assess their qualifications for the vacancy. This screening may include an interview. If an internal applicant meets the qualifications, no other applicants will be considered. 2. Award of the Job The Assistant Superintendent for Business will award the posted job to the employee who is best qualified based on ability, job knowledge, interpersonal skills and other job qualifications listed in the posting. Posting qualifications will be prioritized. Seniority will be the determining factor if two (2) or more employees are equal in the definition of best qualified. Prime consideration will be given to present employees who meet the posted qualifications. 3. Staffing Paraeducator Positions a. Prior to July 1 st of each year, paraeducators shall be notified of their tentative assignments, including building, supervisor and scheduled hours for the next school year. However, if there will be a reduction in hours and/or layoffs, the Assistant Superintendent for Business will notify the Association President of the potential reductions and/or layoffs. The Assistant Superintendent for Business and the Association President will work together to complete the paraeducator assignments as outlined in this article. Once completed, the paraeducators will be notified of their tentative assignments. The Assistant Superintendent for Business and the Association President will endeavor to complete the bumping process prior to the end of school. b. Any vacancy that develops over the summer will be posted on the EGRPS website. The building principal has the right to make temporary assignments as needed until the vacancy is filled permanently. The only exception will be the hiring of paraeducators assigned to work with special education students. If such a new position and/or vacancy is created in the summer, it will be posted and filled during the summer. Any paraeducator interested in being notified of such a vacancy that occurs during the summer, must notify the Special Education Director, in writing, prior to the end of the current school year. 21

26 4. Trial Period During the first ninety (90) calendar days in the position, the employee awarded, transferred or assigned to the position may, if performance is not satisfactory, be returned to her/his original category, if a vacancy exists, or to a category where the employee is capable of performing satisfactorily. 5. Involuntary Transfers or Promotions Employees shall not be placed on a lower step on the salary schedule due to an involuntary transfer or promotion. The parties agree that involuntary transfers of employees are to be minimized and avoided whenever possible. In all cases the administration reserves the right of final determination as to building assignment and work shift. A. Definition ARTICLE 8 GRIEVANCE PROCEDURE A grievance is a claim by one or more employees or the Association of a violation of this Agreement. B. Purpose The purpose of this grievance procedure is to secure at the lowest possible administrative level, a resolution of grievances. Nothing contained in this grievance procedure shall be construed as limiting the right of any employee to discuss any matter informally with any appropriate member of the administration and of having the grievance settled without intervention of the Association, provided the settlement is not in violation with the terms of this Agreement. Such settlement shall be submitted in writing to the Association within ten (10) working days of the settlement. C. Procedure Since it is important that grievances be processed as rapidly as possible, the time limits set forth in this grievance procedure are maximums. Such time limits may, however, be extended by mutual agreement, in writing, between the Association and the Assistant Superintendent for Business or her/his designee. Grievances must be submitted within seven (7) working days after the facts giving rise to the grievance have occurred. Grievances, except as otherwise provided in this Agreement, shall be processed as follows: 1. By conference between the aggrieved employee, or Association and her/his immediate supervisor. In order to be subject to the grievance procedure, matters raised at this level must be clearly identified by the employee, or Association as being raised under the grievance procedure. The provisions of the Agreement that may have been violated must be identified. A grieving employee may elect to have a fellow employee with her/him at the conference with the immediate supervisor. 2. If the grievance is not resolved at Step 1, the grievance must be placed in writing stating the facts giving rise to the grievance, stating the section or sections of this Agreement which have been violated, and must be signed by the aggrieved employee, or the Association president/designee. If the Association president/designee signs the grievance, it must identify the employee who has been aggrieved. The written grievance must be submitted directly to the immediate supervisor not later than ten (10) working days after the facts giving rise to the grievance have occurred. The immediate supervisor will meet with the grievant and an Association representative, if requested by the grievant, in an attempt to resolve the grievance and will respond in writing within five (5) working days. 22

27 3. If the grievance is not resolved at Step 2, the grievance may be forwarded to the Assistant Superintendent for Business not later than ten (10) working days after receiving the immediate supervisor s response in Step 2. Grievances claiming violation of Association rights may be filed at this Step by an Association representative. The Assistant Superintendent for Business or designee will meet with the grievant and, if requested by the grievant, an Association representative in an attempt to resolve the grievance and will respond in writing within five (5) working days. 4. If the grievance is not resolved at Step 3, the Association and the grievant may, not later than ten (10) working days after receiving the written response of the Assistant Superintendent for Business or the date such response was due, whichever is earlier, notify the Assistant Superintendent for Business that the grievance will be submitted to arbitration. If, within ten (10) working days from the notification of the arbitration, the Association and the Board have not mutually agreed upon an arbitrator, the Association shall, within the next five (5) working days, submit the grievance to the American Arbitration Association in accordance with its rules and regulations which shall likewise govern the arbitration hearing. The arbitrator shall have the authority to decide only unresolved grievances timely raised involving the interpretation or application of specific terms of this Agreement and shall have no authority to alter, ignore, add to or subtract from any of the terms of this Agreement as written. The award of the Arbitrator, within the scope of her/his authority, shall be binding upon all parties. Costs for the services of the Arbitrator shall be borne equally by the Board and the Association. D. General Provisions 1. Any grievance not advanced to the next step in accordance with this Article shall be deemed resolved on the basis of the last response, or if no response has been given, shall be deemed to have been abandoned. 2. Only one grievance shall be presented to an arbitrator in any one hearing unless the parties mutually agree to combine grievances for the same arbitrator. 3. Awards for back pay shall be limited to one pay period prior to the first filing in writing of the grievance. 4. The time and date of receipt of all grievance documents shall be placed on the documents and shall be initialed or signed by the Aggrieved, Association representative, if present, or Board representative, with a copy for each party. 5. Conferences relating to grievances shall be held during non-working hours or at otherwise mutually agreeable times. 6. Except at Step 1, settlement of grievances shall be in writing and signed by the Assistant Superintendent for Business or designee and the Association representative. Settled grievances shall be without precedent unless signed by the Association representative and the Assistant Superintendent for Business or designee. 7. In the event more than one person is Aggrieved, only one such person shall be present at conferences or other meetings regarding the grievance unless otherwise agreed. Further, only one such person need acknowledge receipt of grievance documents. 8. Grievance Exclusions The following matters will not be the basis of grievance filed under the procedure outlined above: a. Termination of services of a probationary employee. 23

28 b. Anything that is not a violation of the specific terms and conditions spelled out in the written Master Contract Agreement. 9. For the purpose of the time limits in the Grievance Procedure, legal holidays, Saturdays, and Sundays shall not be counted. All other days that are normal Administration Office work days will be counted in the time limits. It is understood that the time limits are maximums and can be extended with the written mutual consent of both parties. 10. Grievances will be filed only on the form specifically designed for such a purpose and referred to as "Grievance Report Form." Copies of this form will be available from the Administration Office and Officers of the Association. (A sample grievance form is shown in the back of this contract.) A. Step Increase ARTICLE 9 BASIC PAY, BONUSES AND LONGEVITY PAY Each employee will automatically move to the next step on the pay scale in her/his category effective on July 1st of each contract year except as limited by this provision. Employees hired after December 31 of the contract year shall receive a step increase on their first anniversary date of employment. Subsequent step increases will be made on July first of each contract year. B. Previous Experience When determining the appropriate step for an employee to start on, the Assistant Superintendent for Business, or her/his designee, shall take into consideration a maximum of three (3) years service or related experience in a similar position previously held. A bargaining unit member changing from one category to another category will normally be placed on Step 1 of the new category unless previous experience would qualify the employee to be placed above Step 1. Previous experience as it relates to qualification for step placement will be determined by the Assistant Superintendent for Business. C. Longevity Pay To qualify for longevity pay, an employee must work thirty (30) hours or more per week for thirty-six (36) weeks per year after their years of continuous completed service to the East Grand Rapids Schools exceeds the years listed below. 1. For longevity purposes, continuous years of service in East Grand Rapids Public School System shall be computed twice each year; once as of December 31 and once as of June 30. The anniversary date of each employee shall be used in this determination. 2. One-half of the amount shown below shall be paid in a lump sum on or about December 31 and one-half on or about June Any employee who has completed the number of years of service as stated below shall begin to earn longevity at the rate per annum as indicated. The initial and the final longevity payments will be pro rated based on the number of calendar days an employee actually qualifies for this benefit when compared to the closest date of June 30 or December 31. Additionally, the annual maximums for longevity pay will be according to the following schedule: 24

29 Food Service, Maintenance, Paraeducator, Secretarial and Transportation Schedule Custodial and Teacher Assistant Schedule Years Completed Annual Maximums Years Completed Annual Maximums Years $1, Years $ Years $1, Years $ Years $1, Years $ Years or More $1, Years or More $1,225 D. Mileage Employees required to use their personal vehicle for the benefit of the district shall be reimbursed at the current IRS rate. E. Bonuses In an effort to improve productivity, increase revenue and reduce costs, the Board encourages the establishment of work teams. Suggestions from these teams are sincerely solicited by the Board. If a support staff work team submits a suggestion to the Assistant Superintendent for Business, and the suggestion, once implemented, increases revenue and/or reduces costs by at least $500 per year, the Assistant Superintendent for Business will recommend to the Superintendent that a bonus be paid. To be eligible to receive a bonus check, a team must be recognized, in writing, by the Assistant Superintendent for Business, prior to a suggestion being submitted. If the Superintendent approves, the team will be awarded a one-time check equal to 50% of the first year additional revenue or savings. The team will determine how the money should be divided among its members. No bonus check will exceed $500. A. Tornado Warning ARTICLE 10 SEVERE WEATHER In the event of a tornado warning, after the children have been led to shelter, all employees shall take shelter in either the building they are in at the time or the nearest available shelter. Upon clearance of the warning, all employees shall return to their duties. If employees are excused after completion of at least four (4) hours of the work day, they will receive full pay. B. Inclement Weather Days Food service, paraeducators, secretaries, teacher assistants, and transportation employees are not normally expected to work on a day when school has been called off due to severe weather. Usually custodial/maintenance employees are expected to work on days school has been canceled because of severe weather. If school has been called off because of severe weather, the employee will be contacted by her/his immediate supervisor if they are going to be required to work. The supervisor will have the final determination as to whether the employee must report to work (or stay at work) on an inclement weather day. It is the intent of the parties to be in compliance with the requirement regarding the make-up of days lost beyond the control of school authorities. Any days that must be rescheduled will be rescheduled without additional compensation to staff unless the employee is required to work on a canceled day. 1. Canceled Days, Not Made-up 25

30 a. Normal days which are canceled due to severe weather and are not made-up will be paid based on the normal hours and wages for the employee. b. When an employee is required to work on a day when other employees in the bargaining unit are not and the work day is not rescheduled, s/he shall receive equal compensation time off on a mutually agreeable date between the employer and the employee. 2. Canceled Days, Rescheduled a. Normal work days which are canceled due to severe weather which will be rescheduled will be paid within the pay period the day is made-up. b. When an employee is required to work on a day when other employees in the bargaining unit are not, s/he shall receive her/his normal rate of pay for the time worked. ARTICLE 11 INSURANCE BENEFITS In order to qualify for benefits under this Agreement, there are certain underwriting requirements and other responsibilities that must be met by the employee and the Board. The following items are applicable to all insurance benefit coverages stated in this Article unless otherwise specified. 1. Upon submission of a proper written application form to the East Grand Rapids Business Office, the Board shall provide the benefits described in this Article for those employees who meet the qualifications stated in this Agreement. 2. Employees newly hired, recalled by the Board, or returning from leave shall be eligible for Boardpaid premiums upon completion of appropriate forms. Such coverage shall become effective on the first day they assume their duties. 3. Changes in family status shall be reported by the employee to the Business Office within thirty (30) days of such change. All changes must be submitted in writing on the proper form. The employee shall be responsible for any overpayment of premiums made by the Board in her/his behalf for failure to comply with this. The Board will not be responsible for retroactive premiums because of failure by the employee to complete forms in a timely manner or meet underwriting requirements. 4. The Board agrees to provide the benefit programs described, but within the underwriting rules and regulations as set forth by the carrier(s) in the Master Contract held by the policyholder. Current copies of all rules and regulations shall be forwarded to the Association President. 5. Employees working less than a full contract year shall have benefits terminated on the first day of the month following termination of employment. Provided that the employee has fulfilled all contractual obligations, benefits will be provided during all twelve (12) months of the contract year, and the July and August Board portion of the premiums will be paid by the Board. 6. To be eligible for coverage (or increase in coverage), employees must be able to perform the carrier's "at work requirement" with this employer before benefits are effective. Copies of all such "at work requirements" shall be provided to the Association President. 7. Employees who have Board provided term life insurance, have a thirty (30) day conversion right upon termination of employment. Any employee electing her/his right of conversion in order to keep her/his life insurance in force must contact the insurance carrier within thirty (30) days of her/his last day of employment. 8. An open enrollment period for health insurance shall be provided annually during the month of September. 26

31 9. An employee or spouse and/or qualified dependent(s) eligible for Medicare shall enroll for Medicare benefits (parts A. and B.) within thirty (30) days of her/his eligible date. a. Employees eligible or who have spouse and/or qualified dependents eligible for Medicare benefits on or after January 1, 1983 must notify the Board of Education, in writing, of their primary program election. The employee's election of primary carrier (Medicare or the school provided plan) shall be subject to the final provisions of T.E.F.R.A. b. To the extent permitted by law, premiums for Medicare supplement and Medicare part B. premiums shall be paid on behalf of the employee, spouse and/or qualified dependents eligible for Medicare. c. The Board of Education will not be liable for any penalties against the employee by the insurance carrier as the result of her/his election. d. All of the above language of Article 11 shall be subject to the final federal regulations of T.E.F.R.A 10. The Board paid benefits are for all bargaining unit members scheduled to work at least thirty (30) hours per week for at least thirty-six (36) weeks and their eligible dependents, as defined by the insurance carrier. 11. The descriptions of benefits in this Article are only general in nature and are superseded and controlled by the terms and conditions of the applicable insurance plan, a copy of which is available for inspection during normal working hours at the Business Office of the Board and are subject to underwriting rules and regulations. A copy will also be filed with the Association President. 12. The Business Office shall be responsible for providing insurance information (certificates of insurance, claim forms, and application forms) made available to them by the insurance company. This information will be available upon request. A. Qualifications for Benefits/Premium Contribution To be eligible for health care, dental and vision benefits under this Article, an employee must be scheduled to work a minimum of thirty (30) hours per week for at least thirty-six (36) weeks per year. Employees who work less than thirty (30) hours per week and for twelve (12) months will be eligible for Board paid health, dental and vision benefits on a pro-rata basis provided they are accepted by the underwriter. The proration for these employees will be determined by dividing the scheduled hours by 2,080 hours. For example, if the annual scheduled hours worked are 1,510, the Board paid portion will be 73% (1,510/2,080) and the employee paid portion of the benefit cost will be 27%. For employees working at least thirty (30) hours per week for thirty-six (36) to thirty-nine (39) weeks, the Board will pay 80% of the monthly premium. Example: If the monthly premiums are $100.00, the Board will contribute $80.00 per month for each of the twelve (12) months and the employee will contribute the remaining $ (NOTE: The Board of Education's monthly percent of contribution for school year secretaries and teacher assistants will remain at 88.0%. Additionally, any employee scheduled to be paid for more than 1800 hours per school year, including regular hours, holidays and vacation days, shall have 100% of her/his benefits paid.) All full time school year secretaries who began service prior to 07/01/06 will continue to have 100% of his/her benefits paid. Full time school year secretaries who begin service after 07/01/06 will be subject to the 1,800 hour clause detailed in Article 11, Section A of the Master Agreement (page 30) (Moved from LOA page 55 of the Master Agreement) 27

32 Employees scheduled to work thirty (30) hours or more for fifty-two (52) weeks will have 100% of the monthly premium paid by the Board. B. Medical Care Benefits For those employees and their eligible dependents that qualify, the Board will provide medical insurance benefits in accordance with PA152 of The Board will provide the MESSA ABC Plan 1 high deductible health care plan, and another MESSA plan of the Association s choosing beginning January Should any health care plan come under the annual maximum hard cap, the Board will contribute the difference between the state cap and the cost of the premium to be paid out in their paychecks. The Board will cover the cost of the premiums towards the ABC Plan 1 premiums consistent with Public Act 152 of On January 1 of each year of this agreement, the cap amount will be increased by the percentage increase in the statutory cap identified by the State Treasurer. Beginning with the fiscal year, the Board agrees to incorporate the MESSA Cap Smoother funding program to the ABC Plan 1 high deductible health care plan. C. Vision The Board shall without cost to the employee provide MESSA VSP-2 silver for each member of the bargaining unit and his/her entire family and any other eligible dependent who are eligible as defined by section A above. D. Option Group The Board of Education will pay each full-time employee who waives coverage in the medical care program the sum of $250 per month as additional cash compensation. Note: per the Custodial Concession Agreement, custodial employees will receive $200 per month cash in lieu. These waivers shall be made under the Flexible Benefit Plan established by the Board of Education under Internal Revenue Code Section 125. An employee may waive coverage or revoke a prior waiver only during the open enrollment period provided under the Plan or if the employee has a change in family status. Employees may elect to deposit funds through payroll deduction in any one of the annuity programs currently in effect. E. Dental Benefits The Board will provide without cost to each full-time calendar year employee and her/his spouse and eligible dependents dental care program which will pay 100% Class I (Type A and B) benefits. Payment for Class II (Type C) benefits (bridges, partials and dentures) will be at 50%. This program will provide for internal and external coordination of benefits. The specific details for this coverage will be determined by the terms and conditions of the plan that was available to employees during the school year. Less than full-time employees will be required to contribute a pro rated portion of the cost through payroll deduction according to the formula described above. F. Life Insurance Upon application, the Board agrees to provide, at no cost to the employee, $20,000 term life and $20,000 accidental death insurance coverage for all active employees working thirty (30) hours or more per week for at least thirty-six (36) weeks per year. For those employees working at least fifteen (15) hours per week for fifty-two (52) weeks, a $20,000 term life policy with AD & D will be provided upon submission of an application form completed by the employee. For those employees working more than fifteen (15) hours and less than thirty (30) hours per week for at least thirty-six (36) weeks per year the Board will provide at no cost to the employee a $10,000 term life policy with an AD & D rider. Such coverage shall begin in the case of new employees at the time they begin their duties and fulfill the underwriter's requirements. Coverage will cease upon termination of employment. 28

33 G. Long Term Disability Benefits The Board will provide to all employees working thirty (30) hours per week or more and who are eligible under applicable underwriting rules and regulations, a long term disability benefit program generally described as follows: 1. An employee who is disabled under the plan will receive 66-2/3% of their monthly salary not to exceed $4,000 per month. 2. An employee will not be eligible for benefits until a ninety (90) calendar day modified fill waiting period has elapsed. 3. Benefits reduced at age 65 and will terminate at age Income during the period of disability including, but not limited to, sources such as Worker's Compensation, social security, other insurance or state, federal, local governments will be considered in determining level of benefits. 5. The Board agrees to pay the health insurance premium for any employee while approved for long term disability benefits up to two (2) years. The description of Long Term Disability Benefits in this Article are only general in nature and are superseded and controlled by the terms and conditions of the applicable insurance contract, a copy of which is available for inspection during normal working hours at the Business Office of the Board. A. Food Service ARTICLE 12 CLOTHING ALLOWANCE Food Service employees will receive the following subsidy toward the purchase of uniforms: Annual payment for employees working 15 hours or more is $ The amounts specified above will be paid to Food Service employees as of December 1 each year. The payment will be made when the employee submits receipts to the Food Service Director indicating purchase of shirts, slacks, shorts and shoes to be worn for work in the current calendar year equal to or exceeding the dollar amount of this reimbursement. The Food Service Director must approve the design of shirts, and color of slacks, shorts and shoes prior to being purchased. Non-skid work shoes must be purchased at least every other year. B. Custodial/Cleaners/Maintenance Personnel The Board of Education will purchase uniforms for said employees. The Board will determine the supplier, the color, the style, and the number of uniforms to be furnished. Maintenance employees will receive a subsidy of $250 towards the purchase of uniforms. Per the Custodial Concession Agreement, custodial employees will receive a subsidy of $100 towards the purchase of uniforms, cleaners will receive $75. Each employee will clean and maintain the uniform and will wear the uniform while on the job. If an employee terminates employment prior to completing a full year of service, said employee will reimburse the Board for costs, less depreciation (normal wear and tear). Any employee terminating after one (1) full year of service will be permitted to keep the uniforms. 29

34 ARTICLE 13 NO STRIKE CLAUSE The Board and the Association agree that all differences between them shall be resolved by the orderly procedures provided in this Agreement without interruption of services. Accordingly: A. The Association agrees that during the term of this Agreement, it will not direct, instigate, encourage or support any cessation or interruption of services by any employee of the East Grand Rapids Board of Education and pledges itself to the purpose of insuring continuation of services. B. Employees of the East Grand Rapids Board of Education represented by the Association, and each of them, agree that, during the term of this Agreement they will not direct, instigate, participate in, encourage or support any cessation or interruption of services by any employee of the East Grand Rapids Board of Education and pledge themselves to the purpose of insuring continuation of services. In the event there is an alleged violation of this Article, the Association shall, upon request by the Board, notify within forty-eight (48) hours of the Board's request, in writing, every employee of the Board of Education represented by it that such activity is unauthorized by the Association, that such activity is a violation of the Contract and that such activity, in and of itself, is just cause for termination of employment, and that each and every employee is to immediately cease such activity. A. Introduction ARTICLE 14 COLLABORATIVE PROBLEM SOLVING It is recognized that changes in the ways we deliver services to the District will occur during the life of this Agreement. Additionally, the parties recognize that issues and concerns will arise which may not be covered by this Agreement. In order to address any possible change, and prevent deferral of solutions to problems to the end of the contract period, the parties may agree that the mutual interest involved would best benefit from collaborative study or problem solving. In such cases, these options are available: 1. Joint Executive Committee: A Joint Executive Committee of the EGR School Administration and EGRASE shall meet, on a schedule determined by the committee, to consider and make recommendations to the Board and Association, with respect to proposed changes within the District affecting terms and conditions of employment prior to their implementation. The committee shall consist of an equal number of members, half chosen by the Administration (including the Assistant Superintendent for Business) and half by the Association (including the Association President). 2. Study Team: A jointly appointed study team, with representatives of the Administration and the Association who share a degree of involvement with the issue at hand, may be established to review and collect information on specific issues. Such study teams, when established, will deal only with the issue or issues for which they were created and charged, and shall serve until completion of their report. Membership, charges, and timelines for study teams shall be determined jointly by the Assistant Superintendent for Business and Association President, or by the Joint Executive Committee. In cases where the Assistant Superintendent for Business and the Association President establish a study team, each are responsible for the immediate notification of the Joint Executive Committee of the establishment of said study team. Reports generated by any study team shall be submitted to Joint Executive Committee. 3. Resolution Team: A jointly appointed resolution team, with representatives of the Administration and the Association who share a degree of involvement with the issue at hand, may be established 30

35 to research options and prepare resolutions to specific problems or issues charged to them by the Assistant Superintendent for Business and Association President, or by the Joint Executive Committee. In cases where the Assistant Superintendent for Business and the Association President establish a resolution team, each are responsible for the immediate notification of the Joint Executive Committee of the establishment of said resolution team. Such resolution teams, when established, will deal with only the issue or issues for which they were created and charged, and shall serve until completion of their written recommendation(s). Such recommendation(s) will be submitted to the Joint Executive Committee. B. Limitation It is not the intention of this Article to place any limitation on the approach the parties may utilize to modify the Agreement. The primary intent is that any change be made through mutual agreement. It is further understood that all terms and conditions of this Agreement shall remain in force until altered by mutual agreement in writing between the parties. ARTICLE 15 RETIREMENT/RESIGNATION PROGRAM A. East Grand Rapids Retirement/Resignation Program 1. Employees intending to participate in the Program must notify the Assistant Superintendent for Business in writing by March 31 st of the school year they plan to retire/resign. An employee wishing to participate in the Retirement/Resignation Program must submit a letter of resignation. Only employees who will complete the school year are eligible. To complete the school year means to work all scheduled days or qualify for Board paid disability leave for all scheduled days not actually worked. After the employee s application to participate in the Retirement/Resignation Program has been accepted by the Assistant Superintendent for Business, the employee may not withdraw her/his resignation. 2. Employees who have completed the school year and who participate under this Program will continue to receive their current insurance benefits through June 30 of the current school year. 3. Upon retirement/resignation, an employee with ten (10) years or more of service with East Grand Rapids Public Schools shall be compensated for any unused sick days as follows: $35 per day for unused sick days to a maximum of $3,000 (increase effective beginning with the master agreement) This program is subject to approval of Board legal counsel and the Michigan Public School Employees Retirement System. B. 403(b) The Board and the Association recognize the importance of each employee pursuing an active retirement savings program and in providing sound investment alternatives to assist them in achieving their retirement savings goal. The parties agree the MEA Financial Services products, along with any other mutually selected investment providers shall be named as vendor(s) in the 403(b) plan document as appropriate under IRS regulations. Any member hired after June 30, 2010 will be required to make any annuity contributions to one of the Michigan Retirement Investment Consortium core vendors. 31

36

37 APPENDIX A WAGES STEP MAINTENANCE CLASSIFICATION Maintenance I Hardware Technician 1 $21.18 $21.44 Category I Network Technician (Probation) Licenced HVAC/Electrical/Other 2 $21.91 $ $22.67 $ $23.46 $ $24.27 $ $24.89 $25.20 Maintenance II General Carpentry 1 $18.80 $19.04 Category II General Electrical Services (Probation) General Maintenance 2 $19.37 $19.61 General HVAC/Plumbing Services 3 $19.98 $ $20.58 $ $21.19 $ $21.81 $22.08 STEP CUSTODIAL/CLEANER Leadership I Head Custodian ^ 1 $12.49 $12.65 Category III (Probation) 2 $13.07 $ $13.64 $ $14.23 $ $14.78 $ $15.72 $ $16.31 $ $16.86 $ $17.47 $ $18.09 $18.32 Leadership II/Operations Custodian ^ 1 $12.49 $12.65 Category IV Painting (Probation) Pool Operator 2 $13.07 $13.23 Delivery 3 $13.64 $ $14.23 $ $14.78 $ $15.02 $ $15.60 $ $16.19 $ $16.76 $ $17.38 $17.60 Operations Cleaner 1 $12.49 $12.65 Category V (Probation) 2 $13.07 $13.23 ^All custodians hired prior to July 1, 2010 shall be placed on the respective 3 $13.64 $13.81 salary schedule (Category III or IV) that they were on during the school year 4 $14.23 $14.41 (excluding those who moved categories due to reductions) at the step equivalent 5 $14.78 $14.96 to their pay. 6 $15.02 $

38 STEP SECRETARIAL CLASSIFICATION Category I High School Registrar 1 $19.67 $19.92 Secretary to MS Guidance * Counselors (Probation) * (For employee hired prior to 07/01/06 2 $20.29 $20.54 Refer to Letter of Agreement pg 52) 3 $20.91 $ $21.57 $ $22.23 $ $22.85 $23.14 Category II Secretary to High School Principal 1 $16.79 $17.00 Secretary to Middle School Principal (Probation) Secretary to Elementary School Principal 2 $17.38 $17.60 Secretary to MS Guidance * Counselors 3 $17.97 $18.19 Secretary to HS Counselors (see LOA pg 58) 4 $18.59 $18.82 * (For employee(s) hired prior to 07/01/06 5 $19.23 $19.47 Refer to Letter of Agreement pg 52) 6 $19.84 $20.09 Category III # Secretary to Librarians - Districtwide 1 $16.29 $16.49 # (For employee hired prior to 07/01/06 (Probation) will be paid at Category III 2 $16.93 $17.14 Refer to Letter of Agreement pg 53) 3 $17.58 $ $18.26 $ $18.97 $ $19.59 $19.83 Category IV Secretary to HS Counselors (see LOA pg 58) 1 $16.18 $16.38 Secretary to Assistant Principals (Probation) Secretary to Directors 2 $16.78 $16.99 # Secretary to Librarians - Districtwide 3 $17.43 $17.65 # (For employee hired prior to 07/01/06 4 $18.07 $18.30 Refer to Letter of Agreement pg 53) 5 $18.76 $ $19.37 $19.61 Category V High School Receptionist 1 $14.13 $14.31 Part-time Elementary Secretary 2 $14.66 $ $15.24 $ $15.81 $ $16.41 $ $17.03 $

39 STEP PARAEDUCATOR CLASSIFICATION Category I Media/Technology 1 $14.34 $14.52 (Probation) 2 $14.76 $ $15.57 $ $15.88 $ $16.23 $ $16.84 $17.05 Category II Special Education 1 $14.20 $14.38 (Probation) 2 $14.62 $ $15.45 $ $15.73 $ $16.06 $ $16.68 $16.89 Category III Classroom 1 $14.13 $14.31 Noon Hour (Probation) 2 $14.56 $ $15.42 $ $15.65 $ $16.01 $ $16.63 $16.84 STEP FOOD SERVICE CLASSIFICATION Category I Chef/Banquet Manager 1 $16.98 $17.19 (Probation) 2 $17.69 $ $18.36 $ $19.04 $ $19.72 $ $20.34 $20.59 Category II Head Cook 1 $16.05 $16.25 (Probation) 2 $16.49 $ $17.20 $ $17.52 $ $17.87 $ $18.49 $18.72 Category III Production 1 $13.09 $13.25 Banquet Production (Probation) 2 $13.48 $ $14.21 $ $14.60 $ $14.84 $ $15.46 $

40

41

42

43

44

45 Secretarial Full Time Equated Classification Years of Seniority Name Date of Hire Hire Date As of 6/30/2018 Graham, Linda** 8/29/1991 1/3/ Allaben, Carolynne 9/11/2000 9/11/ Johnson, Wende 9/17/2002 9/30/ Homrich, Michelle 10/12/1998 5/1/ Buzalski, Mary 9/4/2012 9/4/ Rogers, Lisa 9/19/2012 9/19/ Hoopingarner Allchin, Deanna 10/21/2013 8/4/ Kastanek, Michelle 8/3/2015 8/3/ Scott, Nancy 9/8/2015 9/8/ Weigel, Carmen 8/5/2015 8/5/ Kiel, Caroline 8/15/2016 8/15/ Stadel, Sarah 1/13/2016 8/7/ Sheridan, Ann 8/7/2017 8/7/ Boeve, Michelle 8/22/2016 8/22/ Oosse, Cathy 3/5/2006 8/3/ Cooley, Rachael ** 9/25/ /31/ * This employee had earned some seniority credit outside the unit through 6/30/83 and at a later date took a job within the Association classification and is now earning additional credit on the seniority list. ** These employees, due to a change in classification or assignment, have additional years of seniority within the Paraeducator classification that have been frozen. This employee has a split assignment and also earns a prorated amount of seniority in the Paraeducator classification. 41

46

47

48

49

50

51 Support Staff Contract Agreement APPENDIX F